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Archived updates for Wednesday, July 28, 2004

Mediatek Requests Import Investigation of Optical Disk Controller Chips and Chipsets

On July 23, 2004, Alexander Hadjis of Fish & Richardson filed a "Section 337" complaint at the U.S. International Trade Commission on behalf of MediaTek, Inc in Taiwan.  The complaint requests that an unfair import investigation be instituted involving "Certain Optical Disk Controller Chips and Chipsets and Products Containing Same, Including DVD Players and PC Optical Storage Devices."  The proposed respondents are Zoran Corporation and Oak Technology, Inc. both of Sunnyvale, California.  

According to a July 26, 2004 press release from Mediatek, the ITC complaint is parallel to proceedings in the U.S. District Court for Delaware involving U.S. Pat. Nos. 6,229,773 and 5,970,031 entitled "Servo Controller Chips in Optical Disk Drive" and "Player Vibration-Immune Uninterrupted Playback."

The ITC complaint has been designated as confidential and assigned Docket No. 337-2389 for indexing in the Commission's database.  The Commission now has 30-35 days from the filing date of the complaint in which to decide whether to institute the investigation. Upon institution, the proposed respondent will be served with the Complaint via postal mail and an Administrative Law Judge will schedule discovery, conduct a trial, and issue a written "Initial Determination," usually within about 10 months. Due to the expedited nature of these proceedings, and availability of general exclusion orders affecting non-parties, it is important to notify any potential importers of similar products as soon as possible. 

Click here for more information on the importance of monitoring these ITC investigations, such as by subscribing to the free "I/P Updates" news service at  And click here for a free audio-visual Internet presentation on "Unfair Import Investigations at the U.S. International Trade Commission." 

For the latest details on a particular Section 337 investigation, or to arrange a free, in-person presentation on these (and/or other) intellectual property topics, contact Bill Heinze (, at Thomas, Kayden, Horstemeyer & Risley in Atlanta, Georgia.
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